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(영문) 의정부지방법원 2013.11.29 2013고합475
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 22:00 on August 30, 2013, the Defendant, at the E’s house located in Namyang-si, around 22:00, the Defendant, while under the influence of alcohol, she d the victim F (it is difficult to freely use his/her finger, because he/she is unable to sit alone on his/her own because he/she is unable to do so due to the disability of 44 years of age and 1 grade in delay) who was a locked E, a locked person E, was under the influence of alcohol, she added the body of the victim being laid on his/her bend, she rhumd into the bend, and led the victim to force by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement with respect to F and the statement of F contained in the statement recording CD;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes governing cards and photographs of victims with disabilities;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of type), sex crimes against persons with disabilities (at least 13 years of age), sex crimes against persons with disabilities (specially multiple persons): Reduction elements of punishment (limited to the area of recommendation and recommendation), mitigation areas of punishment, reduction areas of punishment (limited to the area of recommendation and recommendation), imprisonment with labor for up to six months to three years;

3. Determination of sentence: The case is subject to the registration of personal information as much as the possibility of criticism of indecent act by force against persons with disabilities, for two years of suspended sentence (the reasonable circumstances) and three years of suspended sentence (the previous and severe punishment records).

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